JD Supra

Mandatory Arbitration Again In Question In CA (AB 51 Resuscitated)

Think back pre-Covid, the end of 2019, a law was set to take effect in California that banned mandatory arbitration, and imposed criminal penalties on employers for mandating arbitration. This law ...
InvestmentNews

SIFMA defends mandatory-arbitration system

NEW YORK — As some U.S. senators find fault with the arbitration system that resolves client disputes with broker-dealers, the brokerage industry’s largest trade group is defending the process. In a ...
JD Supra

Mandatory Arbitration Agreements May Be in Jeopardy

A bill that would prohibit most pre-dispute mandatory arbitration agreements is one step closer to becoming law. The U.S. House of Representatives passed the Forced Arbitration Injustice Repeal Act ...
Financial Advisor

SEC Investor Advocate Asks For Temporary Ban On Mandatory Arbitration

The SEC Investor Advocate has recommended that the agency temporarily ban mandatory arbitration clauses in advisor-client contracts on the grounds that the clauses may be harming investors. The ...
InvestmentNews

SEC commissioner: Mandatory arbitration must go

State securities regulators visited Capitol Hill Wednesday to try to build support among lawmakers for restricting or ending the use of mandatory arbitration clauses in client contracts with brokers.
Financial Advisor

Congressional Bill Would Ban Mandatory Arbitration For Advisor, Broker Clients

Legislation introduced this week would prohibit registered investment advisors, broker-dealers and securities dealers from using customer contracts that contain forced arbitration agreements or ...
Law

Preparing a Mandatory Arbitration Provision for Securities Claims? Prepare to Get Sued

Jeroen van Kwawegen of Bernstein Litowitz Berger & Grossmann said the complaint is already written in case anyone takes up the SEC’s invitation to include a mandatory arbitration provision in ...
Financial Planning

SEC office calls for halt to mandatory arbitration for advisor disputes

An investor advocacy group within the SEC is warning that advisors who use contract clauses to force client disputes into arbitration could be violating their fiduciary duty to look out for their ...
HR Dive

Advocates call for age discrimination exemption for mandatory arbitration

Two years after President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a law that exempted sexual assault cases from mandatory arbitration, advocates are ...
Law

Rethinking Mandatory Arbitration: Opt-Out Clause for High-Value, Complex Claims in FINRA Disputes

This article examines the limitations of mandatory FINRA arbitration in handling complex, high-value financial disputes. It proposes introducing an opt-out clause for such cases, allowing parties to ...
WealthManagement.com

PIABA Urges SEC to Suspend RIA Mandatory Arbitration Clauses

The Public Investor Advocate Bar Association is hoping the SEC follows the recommendation by the commission’s Investor Advocate to temporarily suspend including mandatory arbitration clauses in RIA ...
WealthManagement.com

Make Mandatory Arbitration Unenforceable

I have something in common with Stephen Sawtelle — a former broker from Waddell & Reed who was just awarded almost $28 million from an NASD arbitration panel (see the front page story in The Wall ...